Preview:

****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

ROBERT KENNY v. TOWN OF ORANGE (AC 31985)
Alvord, Bear and West, Js. Argued December 10, 2010--officially released February 1, 2011

(Appeal from Superior Court, judicial district of New Haven, Hon. William L. Hadden, Jr., judge trial referee.) John M. Gesmonde, for the appellant (plaintiff). Michael J. Dorney, with whom, on the brief, was Michael G. Caldwell, for the appellee (defendant).

Opinion

PER CURIAM. The plaintiff, Robert Kenny, appeals from the judgment of the trial court in favor of the defendant, the town of Orange. The trial court declined, inter alia, to order the defendant to commence immediately payment of the plaintiff's deferred vested pension benefit. On appeal, the plaintiff claims that the court erred in concluding that he was not entitled to the payment of his deferred vested pension benefit until March 1, 2019, his normal retirement date. We affirm the judgment of the trial court. After examining the record on appeal and considering the briefs and the arguments of the parties, we conclude that the judgment of the trial court should be affirmed. Because the court's memorandum of decision resolves properly the issue raised in this appeal, we adopt the court's comprehensive and well reasoned decision as a statement of the facts and the applicable law on the issue. See Kenny v. Orange, 51 Conn. Sup. 506, A.3d (2010). Any further discussion by this court would serve no useful purpose. See, e.g., Socha v. Bordeau, 289 Conn. 358, 362, 956 A.2d 1174 (2008). The judgment is affirmed.



Download Kenny v. Orange.pdf

Connecticut Law